The Anthropology of Islamic Law

The Anthropology of Islamic Law
Title The Anthropology of Islamic Law PDF eBook
Author Aria Nakissa
Publisher Oxford University Press
Total Pages 304
Release 2019-04-05
Genre Law
ISBN 0190932899

Download The Anthropology of Islamic Law Book in PDF, Epub and Kindle

The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.

The Anthropology of Justice

The Anthropology of Justice
Title The Anthropology of Justice PDF eBook
Author Lawrence Rosen
Publisher Cambridge University Press
Total Pages 136
Release 1989-06-15
Genre Law
ISBN 9780521367400

Download The Anthropology of Justice Book in PDF, Epub and Kindle

Law has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.

Anthropology of Law in Muslim Sudan

Anthropology of Law in Muslim Sudan
Title Anthropology of Law in Muslim Sudan PDF eBook
Author Barbara Casciarri
Publisher BRILL
Total Pages 343
Release 2018-04-03
Genre Social Science
ISBN 9004362185

Download Anthropology of Law in Muslim Sudan Book in PDF, Epub and Kindle

Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society.

Islam and New Kinship

Islam and New Kinship
Title Islam and New Kinship PDF eBook
Author Morgan Clarke
Publisher Berghahn Books
Total Pages 262
Release 2009-06-01
Genre Social Science
ISBN 1845459237

Download Islam and New Kinship Book in PDF, Epub and Kindle

Assisted reproductive technologies such as in vitro fertilization have provoked global controversy and ethical debate. This book provides a groundbreaking investigation into those debates in the Islamic Middle East, simultaneously documenting changing ideas of kinship and the evolving role of religious authority in the region through a combination of in-depth field research in Lebanon and an exhaustive survey of the Islamic legal literature. Lebanon, home to both Sunni and Shiite Muslim communities, provides a valuable site through which to explore the overall dynamism and diversity of global Islamic debate. As this book shows, Muslim perspectives focus on the moral propriety of such controversial procedures as the use of donor sperm and eggs as well as surrogacy arrangements, which are allowed by some authorities using surprising and innovative legal arguments. These arguments challenge common stereotypes of the rigidity and conservatism of Islamic law and compel us to question conventional contrasts between ‘liberal’ and Islamic notions of moral freedom, as well as the epistemological assumptions of anthropology’s own ‘new kinship studies’. This book will be essential reading for anyone interested in contemporary Islam and the impact of reproductive technology on the global social imaginary.

The Politics of Islamic Law

The Politics of Islamic Law
Title The Politics of Islamic Law PDF eBook
Author Iza R. Hussin
Publisher University of Chicago Press
Total Pages 360
Release 2016-03-31
Genre Law
ISBN 022632348X

Download The Politics of Islamic Law Book in PDF, Epub and Kindle

In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

A New Anthropology of Islam

A New Anthropology of Islam
Title A New Anthropology of Islam PDF eBook
Author John R. Bowen
Publisher Cambridge University Press
Total Pages 266
Release 2012-08-02
Genre Social Science
ISBN 1139536125

Download A New Anthropology of Islam Book in PDF, Epub and Kindle

In this powerful, but accessible new study, John Bowen draws on a full range of work in social anthropology to present Islam in ways that emphasise its constitutive practices, from praying and learning to judging and political organising. Starting at the heart of Islam - revelation and learning in Arabic lands - Bowen shows how Muslims have adapted Islamic texts and traditions to ideas and conditions in the societies in which they live. Returning to key case studies in Asia, Africa and Western Europe, to explore each major domain of Islamic religious and social life, Bowen also considers the theoretical advances in social anthropology that have come out of the study of Islam. A New Anthropology of Islam is essential reading for all those interested in the study of Islam and for those following new developments in the discipline of anthropology.

Islamic Law in the Indian Ocean World

Islamic Law in the Indian Ocean World
Title Islamic Law in the Indian Ocean World PDF eBook
Author Mahmood Kooria
Publisher Routledge
Total Pages 197
Release 2021-09-23
Genre Social Science
ISBN 1000435350

Download Islamic Law in the Indian Ocean World Book in PDF, Epub and Kindle

This book explores the ways in which Muslim communities across the Indian Ocean world produced and shaped Islamic law and its texts, ideas and practices in their local, regional, imperial, national and transregional contexts. With a focus on the production and transmission of Islamic law in the Indian Ocean, the chapters in this book draw from and add to recent discourses on the legal histories and anthropologies of the Indian Ocean rim as well as to the conversations on global Islamic circulations. By doing so, this book argues for the importance of Islamic legal thoughts and practices of the so-called "peripheries" to the core and kernel of Islamic traditions and the urgency of addressing their long-existing role in the making of the historical and human experience of the religion. Islamic law was and is not merely brought to, but also produced in the Indian Ocean world through constant and critical engagements. The book takes a long-term and transregional perspective for a better understanding of the ways in which the oceanic Muslims have historically developed their religious, juridical and intellectual traditions and continue to shape their lives within the frameworks of their religion. Transregional and transdisciplinary in its approach, this book will be of interest to scholars of Islamic Studies, Indian Ocean Studies, Legal History and Legal Anthropology, Area Studies of South and Southeast Asia and East Africa.